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Someone I know was arrested today for class D felony (KY), trafficking to a C.I. how does the KY Constitution, section 12 apply?

Hopkinsville, KY |

Kentucky Constitution, section 12: No person, for an indictable offense, shall be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger, or by leave of court for oppression or misdemeanor in office.
Information is what is given by a C.I., but we don't know if this person was wearing a wire or if it was a controlled by, or if it was even initiated by the police or the informant. But being it may be by "information" from a CI and possibly not witnessed by a cop, is there special rules for this regarding a C.I.? are they excluded, even thought it is NOT stated so in the Constitution? (he was indicted by a grand jury, but never had a trial)

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Attorney answers 3

Best Answer

This means a criminal defendant can require the Commonwealth to through the process of obtaining an indictment if he or she desires. Sometimes, defendants will waive that process and allow the Commonwealth to proceed based on an information, which as explained above is an alternative to indictment.

Section 12 does not prohibit the information provided by the C.I. from being used against a defendant as long as it presented in compliance with other rules.

This person you know needs to hire a criminal defense attorney as soon as possible. Good luck!

The answer provided here does not create an attorney-client relationship. This answer is for general informational purposes only and should not be considered a substitute for retaining an attorney who can investigate and analyze all the material facts of your situation.


You are mistaken in thinking that the Ky Constitution provision on indictment and information has to do with the source of information.

Indictment is the process in which evidence indicative of the belief that a crime has been committed is presented to a grand jury. The grand jury, in essence, previews the case that the prosecution thinks that it would have at trial. If it believes that there is probable cause to believe that a crime has been committed, it returns a "true bill" of indictment. The named party or parties are then arrested, and the criminal process ensues.

Information is an alternate method of instituting criminal litigation. Under information, the facts on which the prosecutor believes a case can be made are summarized in a document called an "information." That information results in the same institution of criminal proceedings. In any case where a defendant is made subject to an information as the means of instituting the prosecution, but the law of the Commonwealth entitles a defendant to have the merits of her case previewed by the indictment of a grand jury, then the law requires that the prosecution so proceed.

So, the term "information" here is simply a legal term of art for the legal document by which some prosecutions are instituted.

This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.

Frank Mascagni III

Frank Mascagni III


You are misapplying the KY constitution to your facts. In Ky a defendant is indicted by a sitting state grand jury and the defendant is arraigned thereafter, there is a pretrial conference scheduled, discovery produced and any defense motions made and heard, then the case is settled by plea agreement or set for a jury trial of 12 members to decide the case, guilty or not guilty. All motions challenging constitutional issues are raised before trial and a judge issues a ruling.


The defendant needs to hire a competent criminal defense attorney in your area ASAP to defend him and explain the criminal justice process in KY state courts.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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